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Advertising Terms & Conditions 

Background 

  1. Wedded Week (WW) owns, runs and promotes ecommerce web pages and e-newsletters and associated events which enables retailers to reach potential customers (WW initiatives). 
  2. The advertiser is a retailer and wishes to connect to potential customers using the WW initiatives. 
  3. The advertiser is the party which is listed in the advertiser Order and the advertiser wishes to  purchase from WW advertising services in connection with the WW initiatives. 
  4. The terms and conditions set out in this Agreement are incorporated into the Advertising Order  and govern the provision of services by WW to Advertisers. 

Agreement 

1 Content placement 

1.1.) When material is supplied to WW, by or on behalf of the advertiser, WW accepts no responsibility for that material. WW shall not be responsible for any loss of or damage to any material provided to PR by the advertiser. 

1.2.) Not withstanding anything to the contrary in this Agreement, WW does not guarantee or promise  any particular  placement or position for any Content in connection with Wedded Week or an Event and  if Content is not provided by the Submission Deadline WW will without further `recourse (or any  liability) to Advertiser, delete the space and charge the Advertiser for the full amount of the Fee for  the deleted item. 

2 Refunds and cancellations  

2.1.) Advertiser is eligible for a refund of 50% of the Agreed Advertising Fee in connection with an  Event of Activity in the following circumstances: 

  1. a) Where Advertiser is not in breach of any term of this Agreement and Advertiser cancels an  Advertising Order with written confirmation more than 30 days before the start of an Event of  Activity the Advertising Order relates to, and 
  2. b) Where Advertiser is not in breach of any term of this Agreement and WW cancels an Advertising Order under clause 17(1) 

2.2.) WW will not refund any amounts paid to it by Advertiser in connection with this document in the  following circumstances notwithstanding the non-or part provision of the Services: 

  1. a) where Advertiser has breached any provision of this Agreement 
  2. b) where WW terminates this Agreement with cause 
  3. c) where all Content required by WW in order to provide the Services is not provided by Advertiser by the Submission Deadline 
  4. d) where Advertiser cancels an Advertising Order less than 30 days before the start of an Event of  Activity 
  5. e) where Advertiser supplies incomplete or incorrect data, Content or information, or supplies data,  Content or information that does not meet the WW™s specifications as set out by WW in advance and,  Advertiser acknowledges it will have no claim for any refund of any amounts paid in such  circumstances. 

3 Charges 

3.1.) Advertiser will: 

  1. a) on signing an Advertising Order pay the Initial Fee, and the Agreed Advertising Fee as per the  agreed payment terms on the Advertising Order, and 
  2. b) pay the Charges as invoiced and in accordance with this Agreement to WW. 

3.2.) WW will submit to Advertiser invoices in relation to the Services. 

3.3.) All sums due in connection with the Services must be paid by Advertiser within the payment  terms indicated on the invoice issued by WW, which shall match the agreed terms on the Advertising  Order. In the event that the Advertiser defaults on its payment obligations in advance of a Campaign,  WW is entitled to withhold the Advertiser’s Content from being featured in that campaign, without  waiving any of WW’s rights to full payment in accordance with the terms of the Advertising Agreement. 

3.4.) Advertiser may not set off, deduct or withhold payments to WW for any reason whatsoever. 

3.5.) WW will charge interest on any amount due and not paid in accordance with this Agreement at a  rate of 10% per annum and Advertiser acknowledges this interest charge is a fair and reasonable  remedy for WW in connection with non-payment and is a reasonable pre-estimate of the loss WW will  suffer due to nonpayment.  

3.6.) In the event that the Advertiser commits a default under the Advertising Agreement, the  Advertiser shall pay to WW on demand all costs and interest including without limitation all interest  accrued and calculated pursuant to clause 3, legal costs (assessed on a solicitor/own client basis), all  mercantile agent’s fees incurred by WW in recovering all amounts outstanding under this Agreement  and any dishonor or bank fees incurred by WW relating to payments made by the Advertiser from  Cme to Cme. 

3.7.) On completion of a Campaign, pay any applicable performance fees as per the specific  Agreement with WW. Performance fees are calculated on a cost-per-click basis as per the Agreement  with WW, using the agreed cost-per-click rate. WW’s click-tracking provider Rebrandly is used to track  clicks and reports are to be provided by WW to the Advertiser confirming the total clicks referred to  the Advertiser during the Campaign Period. All clicks referred to the Advertiser during the Campaign  Period incur the agreed cost-per-click fees. 

4 Term and services 

4.1.) In relation to each Advertising Order, this Agreement will commence on the Commencement  Date and will continue in force unCl the end of the Event the Advertising Order relates to. 

4.2.) WW will provide the Services to Advertiser in accordance with the terms of this Agreement.

 

5 Interpretation and definitions 

5.1.) Interpretation in this Agreement: 

  1. a) references to any law or regulation includes any change, consolidation, replacement, re enactment or extension of the law or regulation 
  2. b) reference to a document is a reference to the document as from time to time supplemented or  varied 
  3. c) references to clauses, and parties are to clauses and parties to this Agreement d) headings are for reference only and do not affect the meaning of this Agreement 
  4. e) references to $ or dollars means Australian dollars, unless stated otherwise on the Advertising  Order 
  5. f) the plural implies the singular and vice versa. 

5.2.) DefiniCons in this Agreement the following expressions have the meanings stated: a) Act means the Privacy Act 1988 (Cth). 

  1. b) Advertising Order means a request made by Advertiser for Advertising on WW’s standard Advertising order form. 
  2. c) Agreement means the agreement between WW and Advertiser for the provision of Services as set  out in this Agreement and an Advertising Order. An Advertising Order may be presented in writing or  via email with confirmation by an authorized representative of the Advertiser constituting the  Agreement. 
  3. d) Agreed Advertising Fee means the overall fee agreed between WW and Advertiser for the provision of Services as set out in this Agreement and an Advertising Order. 
  4. e) Campaign means a Wedded Week sales event, digital advertising, email marketing, social media or  other unspecified Wedded Week-hosted marketing activity featuring the Advertiser’s branding and/or  offers. 
  5. f) Campaign period means the full period during which the Advertiser’s branding and promotional  content is featured as part of a campaign, which includes the first date relevant to the agreed  campaign upon which the Advertiser’s brand and/or offers are promoted by Wedded Week, and ends 24  hours following the conclusion of the Campaign. 
  6. g) Charges means the charges to be paid by Advertiser for the Services calculated in accordance with  the Rate Card. 
  7. h) Claim means any claim made under or in connection with this Agreement or its subject matter,  whether arising under contract, negligence or any other tort, under statute or otherwise 
  8. i) Click means a user’s click on a link featured as part of a Wedded Week campaign, which refers that  user from Wedded Week to the Advertiser’s designated online property. 
  9. j) Wedded Week means the suite of web pages, e-newsletters, marketing materials and events owned,  operated and run by WW. 
  10. k) Commencement Date means the date of the Advertising Order. 
  11. l) Confidential Information includes all written, electronic or oral information relating to the business  or assets of each party and its customers, clients and suppliers; the terms or subject matter of this  Agreement, and the negotiations relating to this Agreement. 
  12. m) Content means all materials provided to WW by Advertiser in connection with the Services. 
  13. n) Event means a Wedded Week event operated by WW and nominated on an Advertising Order. 
  14. o) GST means a good and services tax, value added tax, consumption tax or services tax. 
  15. p) Intellectual Property Rights means all copyright and rights in the nature of copyright, design rights,  patents, trademarks, data base rights, applications for any of the above, moral rights, know-how,  domain names or any other intellectual or industrial property rights (and any licenses in connection  with any of the same) whether or not registered or capable of registration and whether subsisting in  Australia or any other part of the world. 
  16. q) Rate Card means the then current rates for advertising services published by WW from time to time. 
  17. r) Services means the provision of advertising and associated services specified in an advertising  Order to be provided by WW to the Advertiser. 
  18. s) Submission Deadline means the cut-off date for submission of content to WW. 

6 GST 

6.1.) The Charges and all other amounts payable under this Agreement are expressed exclusive of  GST. If GST is payable as a consequence of any supply made (or deemed to be made) by one party to  the other in connection with this Agreement, the party receiving the supply must pay to the party  making the supply an amount equal to the GST payable in respect of the supply, in additIon to the  Charges or other consideration (if any) required to be paid under any other provision of this  Agreement. 

7 Co-operation and deadline 

7.1.) Advertiser will cooperate with WW in all respects in connection with the provision of the  Services. 

7.2.) Advertiser will submit all things (including Content) to WW before the Submission Deadline. It is  the Advertiser’s responsibility to confirm the deadline for submission of material with WW, in order to  meet the publication date, whether or not such is explicitly stated in the Advertising Order. 

8 Warranties

8.1.) Advertiser represents and warrants that: 

  1. a) It is duly incorporated in accordance with the laws of its jurisdiction, validly exists under those  laws and has capacity to sue or be sued in its own name and to own its property and conduct its  business as it is being conducted 
  2. b) It has capacity unconditionally to sign and deliver and comply with its obligations under this  Agreement 
  3. c) It is not insolvent and by entering into this Agreement and receiving the Services it is not  breaching any laws 
  4. d) WW may use the Content in connection with Services without restriction, 
  5. e) The Content and use of the Services do not, and will not at any Cme, infringe any Intellectual  Property Right or any other right of any person, and 
  6. f) Any information that it has given to another party in connection with this Agreement is true and  accurate in all material respects and not misleading in any material respect (including by omission). 

8.2.) Advertiser acknowledges that WW has entered into this Agreement in reliance upon the representations and warranties in this clause which are ongoing. 

9 IT security and data 

9.1.) Advertiser acknowledges that its information technology systems will interface with that of WW  and Advertiser will do all things required to ensure the security, safety and non-corrupCon of the WW  information technology systems (and its data held). Advertiser warrants that all Content and data  provided to WW is free from errors, bugs, viruses, malicious code, Trojan horses, worms and the like. 

9.2.) Advertiser warrants that all Content provided is compliant with the Act and that all required  consents have been acquired, as required, to allow WW to use all data provided by Advertiser in  connection with this Agreement, and further, that WW’s use of the Content or provision of Services to  Advertiser will bring not WW into breach of the Act. 

9.3.) WW is not responsible for and has no liability to Advertiser in connection with any failure of the  Advertiser information technology systems in connection with the Services, Wedded Week or an Event. 

10 Intellectual property and reputation 

10.1.) All Intellectual Property Rights in Wedded Week and any content created by WW in connection  with Events are owned by WW and no third party (including Advertiser) may re-produce or use such  content without WW’s express and written consent. 

10.2.) WW reserves all rights to deliver Wedded Week and the Services in any way it sees fit and  Advertiser acknowledges that WW has total control over the content, look, feel and layout of Wedded Week and Event sites, webpages, publications, e-newsletters, advertisements and the like. 

10.3.) All advertisers must obtain explicit permission in writing from Wedded Week Pty Ltd to use the Wedded Week trademarks, including the word mark Wedded Week and variaCons of the trademarked  Wedded Week logo, in any advertising or promoCons other than directly via Wedded Week. Any usage of  these trademarks without permission is prohibited at all Cmes. 

10.4.) Any usage of the intellectual property and trademarks owned by Wedded Week is restricted to  the Sunday before a Wedded Week campaign through to a period 24 hours beyond the conclusion of  the campaign. Any extension to this timeframe must be approved in writing by Wedded Week.

 

10.5.) Advertiser will not use any reference to Wedded Week trademarks, including the word mark Wedded Week, to promote any third party businesses not approved by Wedded Week. All advertisers are  expressly prohibited from using webpages, advertisement, email communications, publications or  the like to feature and promote businesses other than themselves in obvious connection with the  Wedded Week trademarks, unless explicit permission from Wedded Week to do so has been obtained. 

10.6.) Advertiser will promptly give notice to WW of any suspected infringement of WW’s rights in connection with Wedded Week and any Event. 

10.7.) Advertiser will not do anything, or omit to do anything that in any way brings WW (and its  officers, employees and agents), Wedded Week or any Event into disrepute or into breach of any law. 

11 Public announcements and promotion 

11.1.) Advertiser will not make any announcements or disclosures in relation to this Agreement or  the Services, including press releases or other communications to the public, without the prior  written consent of WW, which can be provided or withheld in its absolute and unfettered discretion. 

12 Liability 

12.1.) Subject to and without limiting clauses 12 (2), (3) and (4) below, the total aggregate liability of  WW for a Claim or Claims under or in connection with this Agreement arising from all matters  occurring in connection with an Event is limited to 50% of the Charges paid by Advertiser to WW in  connection with that Event. 

12.2.) The law implies various terms, condiCons, guarantees and warranties which may apply to WW  supplying goods or services to Advertiser. WW excludes all of those terms, condiCons, guarantees and warranties, and any other term condition, guarantee and warranty that might have otherwise have  been implied by custom or otherwise, to the full extent permitted by law. 

12.3.) Provisions of the Competition and Consumer Act (Cth) 2010 in some cases either cannot be  excluded, restricted or modified, or can only be restricted or modified to a limited extent. If any such  provisions do apply, then to the extent permitted by law WW™s liability under those provisions is  limited; 

  1. a) in relation to goods is limited to replacement of the goods or the supply of equivalent goods, or  repair of the goods, or payment of the cost of replacing the goods or of acquiring equivalent goods,  or payment of the cost of having the goods repaired; and 
  2. b) in relation to services is limited to the supplying of the services again, or the payment of the cost  of having the services supplied again. 

12.4.) WW will not be liable to Advertiser in respect of any Claim (whether such claim is made under  an indemnity or otherwise) or on any other basis for any loss of profit, goodwill or business, loss of  or damage to data, loss of opportunity, increased financing costs, any failure to realize anticipated  savings or for any consequential, indirect, special, punitive, remote or incidental damages.

 

13 Confidentiality 

13.1.) Each party will keep the other parties Confidential Information confidential, not disclose any  Confidential Information to a third party, other than as will of necessity acquire it as a consequence  of the performance of that parCes’ obligations under this Agreement, and use Confidential Information only in connection with the proper performance of this Agreement. 

13.2.) Clause 13(1) will not apply to any Confidential Information to the extent that it comes within  the public domain other than through breach of clause 13(1), is required or requested to be divulged  by any authority with competent jurisdiction to which either party is subject, wherever situated, is  known to the receiving party before the disclosure to it, or is disclosed with the other parCes’ prior  written approval to the disclosure. 

14 No reliance 

14.1.) WW relies on the statements set out in this clause 14 as essential conditions of this Agreement.  Advertiser has not relied on any representation made or implied by WW or arising out of or implied by  its conduct save for as expressly set out in this Agreement. To the extent that WW has made or  implied, or by conduct given rise to or implied, any representation that is not expressly stated in  these conditions, Advertiser is not proceeding in reliance on the representation. WW makes no  promise, representation or otherwise in relation to any benefit Advertiser may obtain by entering  into this Agreement as set out herein and WW guarantees in no way any increased sales, transactions, revenue, goodwill or profit or any other benefit that may flow from Advertiser having entered into  this Agreement. 

15 Indemnity 

15.1.) Advertiser will indemnify WW from and against all Claims, demands, acCons, costs, expenses, liabilities and damages or losses (including all interest, penalties and legal and other professional  costs and expenses) incurred by WW and its officer, employees or agents as a result of any claim or  acCon by any third party in connection with the Services and as a result of the negligence of or  breach by or malpractice and fraud on behalf of Advertiser. 

16 Relationship of the parties 

16.1.) WW is an independent contractor dealing at arm’s length and nothing in this Agreement will be  deemed to constitute a partnership, joint-venture, co ownership or any employment relationship between the parties nor will anything in this Agreement be deemed to constitute one party as the  agent of the other. 

17 Termination 

17.1.) WW may terminate an advertising Order at any Cme prior to an Event without cause. 

17.2.) WW may terminate this Agreement immediately where any amount due to be paid to it by  Advertiser is overdue. 

17.3.) If a party (Defaulting Party):

  1. a) commits a breach of any of the terms of this Agreement which: 

(1) is not capable of remedy, or 

(2) is capable of remedy, but the Defaulting Party fails to remedy such breach within 5 days of  receiving notice from the other party specifying the breach and requiring the breach to be remedied,  this Agreement will terminate with immediate effect upon the other party giving to the Defaulting  Party notice in writing of such breach or failure. 

17.4.) Either party may terminate this Agreement with immediate effect by writing to the other party  if the other party ceases or threatens to cease to trade (either in whole, or as to any part or division  involved in the performance of this Agreement), or becomes insolvent, or is (or in the reasonable  opinion of the other part is likely to be) unable to pay its debts as they fall due, or has a receiver,  administrative receiver, administrator or manager appointed of the whole or any part of its assets or  business, or makes any composition or arrangement with its creditors, or an order or resolution is  made for its dissolution or liquidation (other than for the purpose of solvent amalgamation of reconstruction). 

18 General 

18.1.) Termination or expiry of this Agreement (howsoever occurring) will not affect either of the  parties™ accrued rights or liabilities or affect the coming into force or the continuance in force of any  provision which is expressly or by implication intended to come into or continue in force on or after termination or expiry, including clauses 5, 8, 10, 11, 12, 13, 14, 15, 16, 18(1), 18(3), 18(6), 18(8) and  18(11). 

18.2.) If a party by reason out of their control is unable to perform or carry out any obligation under this Agreement, then that obligation is suspended for so long and to the extent that it is affected by  that reason. This clause does not apply to any obligation to make a payment. 

18.3.) The parties do not intend any third party to have the right to enforce any provision of this  Agreement. WW may assign or transfer all or any of its rights under or in respect of this Agreement,  including granting security interests in all or any of its rights. Advertiser may not assign or transfer all  or any of its rights under or in respect of this Agreement. 

18.4.) This Agreement contains the enCre agreement between the parCes about its subject matter  and supersedes all prior discussions, representaCons, agreements and understandings between the  parties in connection with the subject matter. 

18.5.) Any changes to this Agreement must be agreed by all parties in writing. 

18.6.) No failure, delay, relaxation or indulgence on the part of a party in exercising any right, power,  privilege or remedy in connection with this Agreement, operates as a waiver of that right, power,  privilege or remedy. 

18.7.) Except as expressly provided under this Agreement, the rights and remedies contained in this  Agreement are cumulative and are not exclusive of any other rights or remedies provided by law or  otherwise. 

18.8.) If any term of this Agreement is found to be illegal, invalid or unenforceable under any  applicable law, such term will, to the extent it is severable from the remaining terms, be deemed 

omitted from this Agreement and will not affect the legality, validity or enforceability of the  remaining terms. 

18.9.) This Agreement may be signed in any number of counterparts and each of those counterparts  taken together constitute one and the same Agreement. 

18.10.) Any notice given under this Agreement must be in writing, addressed to the intended  recipient at the address shown in this Agreement, (or updated address as relevant). 

18.11.) This Agreement will be governed by the law of the State of New South Wales, Australia and each party  agrees to submit any dispute which may arise out of, under, or in connection with this Agreement to  the exclusive jurisdiction of the courts of New South Wales. 

18.12.) Each party must bear its own costs including legal costs in connection with the preparation  and signing of this Agreement. Advertiser must pay any stamp duty in respect of this Agreement. 

18.13.) Each person signing this Agreement on behalf of a party, warrants to the other parties that on  the date of signing, that person has full authority to sign this Agreement on behalf of that party.

Your Data Rights

You have the following rights concerning your personal data:

  • Access: You can request a copy of the data we hold about you.
  • Correction: You can request corrections to any inaccurate data we have.
  • Deletion: You can request that we delete your personal data at any time by contacting us at [email protected]. Once we receive your request, we will promptly remove your data unless we are required by law to retain it.

To request data deletion, you can email us at [email protected]. Please include your name and email address in the request so we can verify your identity. We will process your request within 30 days.